Terms and Conditions Wolhobby

Article 1 – Definitions

In these Terms and Conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer may exercise the right of withdrawal.
2. Consumer: the natural person who does not act for purposes related to his or her trade, business, craft or profession.
3. Day: calendar day.
4. Digital content: data produced and supplied in digital form, such as digital patterns, downloads or other digital files.
5. Durable medium: any instrument that enables the consumer or trader to store information in a way that allows future consultation and unchanged reproduction of the stored information.
6. Physical product: a tangible product, such as wool, yarn, accessories, kits or other items delivered by post or parcel service.
7. Right of withdrawal: the consumer’s right to withdraw from the contract within the cooling-off period.
8. Model withdrawal form: the form that the consumer may use to withdraw from the contract.
9. Trader: Wolhobby, the trader who offers physical products and/or digital content to consumers at a distance.
10. Distance contract: a contract concluded between the trader and the consumer through the webshop or another system for distance selling.
11. Website: the webshop or website of Wolhobby on which products and/or digital content are offered.

Article 2 – Identity of the Trader

Wolhobby
L.L.M. van Scheijndel-van Lier
Ooievaarshof 23
3862 KP Nijkerk
The Netherlands

Telephone number: +31 (0)33 230 1901
Available on working days between 09:00 and 17:00 CET/CEST

Email address: webwinkel@wolhobby.nl

Dutch Chamber of Commerce number: 32114526
VAT identification number: NL002020461B29

Article 3 – Applicability

1. These Terms and Conditions apply to every offer made by the trader and to every distance contract concluded between the trader and the consumer.
2. These Terms and Conditions apply to the sale of physical products, such as wool, yarns, accessories and kits, and to the sale of digital content, such as digital patterns and downloads.
3. Before the contract is concluded, these Terms and Conditions will be made available to the consumer in such a way that the consumer can easily store them on a durable medium.
4. If it is not reasonably possible to make the Terms and Conditions available electronically before the contract is concluded, the consumer will be informed before the contract is concluded where the Terms and Conditions can be viewed electronically and that they will be sent free of charge upon request.
5. If additional product terms or promotional terms apply in addition to these Terms and Conditions, this will be clearly stated. In the event of conflicting provisions, the provision most favourable to the consumer applies, unless the law provides otherwise.
6. If any provision of these Terms and Conditions is wholly or partially void or annulled, the remaining provisions will remain fully in force. The trader will replace the relevant provision with a valid provision that corresponds as closely as possible to the purpose and meaning of the original provision.

Article 4 – The Offer

1. The offer contains as complete and accurate a description as possible of the products or digital content offered, so that the consumer can properly assess the offer.
2. For physical products, the trader states the most important characteristics of the product, such as composition, colour, quantity, weight, length, size, intended use or other relevant product information.
3. For digital content, such as digital patterns or download files, the trader states before the order how the digital content will be supplied, which technical requirements may apply and under which conditions the right of withdrawal may lapse.
4. Product images are intended to give a true representation of the product offered. For hand-dyed wool, yarns and related products, colour differences may occur between screen display, dye lots and individual skeins. Minor colour variations are inherent to the product and do not in themselves constitute a defect.
5. If an offer has a limited period of validity, is subject to special conditions or depends on availability, this will be clearly stated in the offer.
6. All prices are clearly stated and include VAT, unless expressly stated otherwise.
7. Any additional costs, such as delivery costs, will be clearly shown to the consumer no later than before the order is completed.
8. For orders outside the Netherlands or outside the European Union, additional costs may apply, such as import duties, taxes, customs charges or clearance fees. To the extent that these costs are not collected by the trader, they are payable by the consumer.
9. Obvious mistakes or obvious errors in the offer, such as clear printing, typing or pricing errors, are not binding on the trader.
10. The offer states whether the right of withdrawal applies. If a product is made or adapted specifically according to the consumer’s specifications, such as wool dyed on request or a personally assembled kit, the right of withdrawal may be excluded if this has been clearly stated before the order is placed.
11. Before the contract is concluded, the consumer is given the opportunity to check the order and the information provided and, where necessary, to correct it.
12. The contract is concluded in Dutch, unless another language is expressly offered.

Article 5 – Order and Contract

1. The contract is concluded at the moment the consumer accepts the offer and fulfils the conditions attached to it.
2. After receiving the order, the trader will confirm the order electronically as soon as possible.
3. As long as receipt of the order has not been confirmed by the trader, the consumer may dissolve the contract.
4. The trader takes appropriate technical and organisational measures to ensure the secure electronic transfer of data and a secure payment environment.
5. Before placing the order, the consumer is given the opportunity to check the order and the information provided and, where necessary, to correct it.
6. If an ordered product or digital content proves to be unavailable, the trader will inform the consumer as soon as possible. In that case, the trader may offer an alternative. The consumer is not obliged to accept that alternative.
7. If the order cannot be fulfilled or cannot be fulfilled completely and the consumer does not accept an alternative, the trader will refund the amount already paid as soon as possible, but no later than within 14 days.
8. The trader may refuse or cancel an order if there is an obvious error, misuse, fraud, incorrect information or another serious reason within the limits of the law.

Article 6 – Prices, Payment and International Charges

1. Prices stated in the offer are in euros and include VAT, unless expressly stated otherwise.
2. Any additional costs, such as delivery costs, will be clearly shown to the consumer no later than before the order is completed.
3. The consumer pays for the order using one of the payment methods offered in the webshop.
4. The trader may change the available payment methods.
5. The consumer is obliged to immediately notify the trader of any inaccuracies in payment details provided or stated.
6. For orders already placed and confirmed by the trader, the price agreed at the time of ordering applies, unless there is an obvious error.
7. Obvious mistakes or obvious errors in the offer, including clear printing, typing or pricing errors, are not binding on the trader.
8. Offers, discount codes and promotions are valid only during the stated period and subject to the conditions stated for them.
9. For orders to countries outside the European Union, such as the United Kingdom, Norway, Switzerland, Canada and the United States, additional costs may apply, including import duties, local taxes, customs charges, clearance fees or carrier charges.
10. To the extent that these costs are not charged by the trader at checkout, they are payable by the consumer.
11. The trader is not responsible for delays caused by customs inspections, import procedures or local authorities, insofar as these are outside the trader’s control.
12. If an order outside the European Union is refused by the consumer because of import duties, taxes, customs charges or clearance fees, the reasonable costs arising from this may be charged to the consumer, insofar as the law permits.
13. If a price change results from a statutory change, such as a change in the VAT rate, the trader may pass on that change insofar as the law permits.

Article 7 – Delivery of Physical Products and Digital Content

1. The trader will take the greatest possible care when receiving and fulfilling orders.
2. Physical products will be delivered to the address provided by the consumer when placing the order.
3. The consumer is responsible for providing a correct and complete delivery address.
4. The trader will fulfil accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed with the consumer.
5. If delivery is delayed or if an order cannot be fulfilled or can only be fulfilled in part, the consumer will be informed as soon as possible.
6. If delivery cannot take place within 30 days and no other delivery period has been agreed, the consumer has the right to dissolve the contract free of charge.
7. In the event of dissolution due to non-delivery, the trader will refund the amount already paid as soon as possible, but no later than within 14 days after dissolution.
8. If delivery of an ordered physical product proves impossible, the trader may offer an alternative product. The consumer is not obliged to accept that alternative.
9. For replacement or alternative products, the right of withdrawal cannot be excluded unless a statutory exception applies.
10. The risk of damage to or loss of physical products rests with the trader until the moment of delivery to the consumer or to a third party designated in advance by the consumer, unless the law or the contract provides otherwise.
11. Digital patterns and other digital content will be supplied in the manner stated in the offer or in the order confirmation, for example via a download link, customer account or email.
12. The consumer is responsible for providing a correct email address and for downloading and storing digital content in good time after delivery.
13. If a download link or digital file does not work, the consumer must notify the trader as soon as possible. The trader will make reasonable efforts to resolve the problem within a reasonable period.

Article 8 – Right of Withdrawal

Physical products

1. The consumer has the right to withdraw from the contract relating to the purchase of a physical product during a cooling-off period of 14 days without giving reasons.
2. The cooling-off period starts on the day after the consumer, or a third party designated in advance by the consumer other than the carrier, has received the product.
3. If an order consists of several physical products that are delivered separately, the cooling-off period starts on the day after the consumer, or a third party designated by the consumer, has received the last product.
4. During the cooling-off period, the consumer must handle the product and packaging with care. The consumer may handle and inspect the product only to the extent necessary to determine the nature, characteristics and functioning of the product, as the consumer would be allowed to do in a shop.
5. If the consumer goes beyond what is necessary to determine the nature, characteristics and functioning of the product, the consumer is liable for any diminished value of the product.
6. The consumer may exercise the right of withdrawal by informing the trader within the cooling-off period that the consumer wishes to withdraw from the contract. This can be done, among other ways:
   1. using the model withdrawal form included with the order confirmation email;
   2. by email to webwinkel@wolhobby.nl;
   3. using the withdrawal button on the trader’s website;
   4. or by another unambiguous statement showing that the consumer wishes to withdraw from the contract.
7. The trader will confirm receipt of a withdrawal notification made via the website, withdrawal button or electronic form as soon as possible on a durable medium.
8. After the consumer has notified the trader that the consumer wishes to exercise the right of withdrawal, the consumer must return or hand over the product as soon as possible, but no later than within 14 days after that notification.
9. The consumer has observed the return period in any event if the consumer returns the product before the 14-day period has expired.
10. The consumer bears the risk and burden of proof for the correct and timely exercise of the right of withdrawal and for returning the product. The trader therefore advises the consumer to keep proof of shipment.
11. The consumer returns the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

Digital content

12. For digital content that is not supplied on a tangible medium, such as a digital pattern, download file or online file, the consumer in principle also has a right of withdrawal of 14 days.
13. The right of withdrawal for digital content lapses only if:
    1. the consumer has expressly agreed in advance to the start of delivery during the cooling-off period;
    2. the consumer has acknowledged that this means losing the right of withdrawal; and
    3. the trader has confirmed this consent and acknowledgement to the consumer on a durable medium.
14. If the conditions in paragraph 13 are not met, the consumer retains the statutory right of withdrawal for digital content.

Article 9 – Exclusion of the Right of Withdrawal

1. The trader may exclude the right of withdrawal only for products or digital content for which the law allows this and only if this has been clearly communicated to the consumer before the contract is concluded.
2. For Wolhobby, products from stock, including yarns, wool, accessories and standard kits, are in principle covered by the right of withdrawal.
3. The right of withdrawal may be excluded for products that have been made or adapted especially for the consumer, such as:
   1. wool dyed specifically on request;
   2. a specially assembled colour combination;
   3. a custom-made kit;
   4. a product that has clearly been manufactured according to the consumer’s personal specifications.
4. The right of withdrawal may be excluded for digital content that is not supplied on a tangible medium, such as digital patterns or downloads, if delivery has begun with the consumer’s express prior consent and the consumer has acknowledged that this means losing the right of withdrawal.
5. Colour variations that are inherent to hand-dyed wool, differences between dye lots or differences caused by screen display do not in themselves constitute grounds for excluding the right of withdrawal, unless a statutory exception such as custom-made production applies.
6. If the right of withdrawal does not apply to a product or digital content, this will be clearly stated in the offer and no later than before the contract is concluded.

Article 10 – Returns and Refunds upon Withdrawal

1. If the consumer exercises the right of withdrawal for physical products, the direct costs of returning the product are payable by the consumer, unless the trader has indicated that it will bear these costs or unless the product is incorrect, damaged or non-conforming.
2. If the consumer withdraws from and returns the entire order, the trader will refund all payments made by the consumer for that order, including the standard costs of the outbound delivery.
3. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery offered by the trader, the trader does not have to refund the additional costs of that more expensive method.
4. The trader will refund the consumer as soon as possible, but no later than within 14 days after the day on which the consumer notified the trader of the withdrawal.
5. The trader may wait to issue the refund until it has received the product or until the consumer has demonstrated that the product has been returned, whichever occurs first.
6. The trader will use the same payment method for the refund as the consumer used, unless the consumer agrees to another payment method. The refund will be free of charge for the consumer.
7. If the consumer withdraws from and returns only part of the order, the costs of the outbound delivery will not be refunded, unless the law or the circumstances require otherwise.
8. If the consumer returns a product damaged, used or incomplete, the trader may charge a reasonable amount for diminished value, insofar as the consumer has gone beyond what was necessary to determine the nature, characteristics and functioning of the product.
9. For digital content, a refund upon withdrawal is only relevant if the right of withdrawal has not validly lapsed and the consumer exercises the right of withdrawal in time.
10. If an order outside the European Union is returned, any costs, charges or formalities related to the return shipment are payable by the consumer, unless the product is incorrect, damaged or non-conforming or unless the law provides otherwise.

Article 11 – Conformity, Statutory Warranty and Digital Content

1. The trader warrants that the products and digital content conform to the contract, the specifications stated in the offer, reasonable requirements of soundness and usability, and the statutory provisions that apply at the time the contract is concluded.
2. The consumer is entitled to a product or digital content that conforms to the contract. This means that the product or digital content must have the characteristics that the consumer may reasonably expect on the basis of the contract, the offer, the trader’s statements and normal use.
3. Any commercial warranty provided by the trader, manufacturer or supplier does not affect the statutory rights and claims that the consumer may exercise against the trader.
4. If a physical product does not conform to the contract, the consumer is entitled to repair or replacement free of charge, unless this is impossible or cannot reasonably be required of the trader.
5. If repair or replacement is not possible, is not carried out within a reasonable period or causes serious inconvenience to the consumer, the consumer may claim a price reduction or dissolution of the contract, insofar as the law permits.
6. If digital content does not conform to the contract, the trader will provide an appropriate solution within a reasonable period, such as making the file available again, restoring the download link, replacing the file or providing another suitable solution.
7. The consumer must notify the trader of a defect or complaint regarding non-conformity within a reasonable period after discovery. Notification within two months after discovery is in any event considered timely.
8. If a defect in a product or digital content arises within 12 months after delivery, it is presumed that the defect already existed at the time of delivery. This does not apply if the trader can demonstrate that the defect was caused, for example, by incorrect use, damage caused by the consumer, normal wear and tear or another cause that is not attributable to the trader. This presumption also does not apply if it is incompatible with the nature of the product, the nature of the digital content or the nature of the defect.
9. The consumer is not required to return a physical product in its original packaging in order to invoke the statutory warranty or non-conformity. However, the trader may ask the consumer to package the product carefully, insofar as this is reasonable.
10. The statutory warranty does not apply to damage or defects caused by incorrect use, normal wear and tear, careless handling, use contrary to the trader’s instructions, or modifications or repairs carried out by the consumer or third parties, insofar as these circumstances caused the defect.
11. For hand-dyed wool, minor differences between skeins, dye lots or screen display may occur. Such differences do not constitute a defect if they have been clearly stated in advance or are reasonably inherent to the product. This does not affect the consumer’s statutory rights if the product does not conform to what the consumer could reasonably expect.
12. Digital patterns are supplied as described in the offer. The consumer is responsible for the correct use of the pattern, including choosing suitable materials, the correct size, swatches, gauge and personal adjustments, unless expressly agreed otherwise.
13. Obvious minor errors in a digital pattern, such as typing errors that do not materially affect usability, do not automatically entitle the consumer to dissolution of the contract, but the trader will make reasonable efforts to provide corrections or clarifications.
14. If a digital pattern contains material errors that make the pattern unusable in accordance with what the consumer could reasonably expect, the trader will provide an appropriate solution, such as a corrected version, replacement or refund, depending on the circumstances and the consumer’s statutory rights.

Article 12 – Complaints Procedure

1. The trader has a clearly communicated complaints procedure and handles complaints in accordance with that procedure.
2. Complaints about the performance of the contract or about delivered products or digital content must be submitted to the trader as soon as possible after the consumer has discovered the problem, with a complete and clear description.
3. For complaints about products or digital content that do not conform to the contract, notification within two months after discovery is in any event considered timely.
4. Complaints submitted to the trader will be answered within 14 days after receipt.
5. If a complaint is expected to require a longer processing time, the consumer will receive an acknowledgement of receipt within 14 days and an indication of when a substantive response can be expected.
6. The consumer must in any event give the trader the opportunity to resolve the complaint by mutual agreement.
7. If a complaint is found to be justified, the trader will, depending on the nature of the complaint and the consumer’s statutory rights, provide an appropriate solution, such as repair, replacement, subsequent delivery, refund or price reduction.
8. A complaint does not automatically suspend the consumer’s payment obligations, unless the trader states otherwise in writing or the law gives the consumer that right.
9. If a complaint cannot be resolved by mutual agreement, the consumer may refer the matter to the competent court or, if the trader is affiliated with one, to an applicable disputes committee or alternative dispute resolution body.

Article 13 – Disputes and Applicable Law

1. Contracts between the trader and the consumer to which these Terms and Conditions apply are governed by Dutch law.
2. This choice of law does not affect the mandatory consumer protection to which the consumer is entitled under the law of the country in which the consumer has his or her habitual residence, if that law would apply without this choice of law.
3. Disputes between the trader and the consumer will be submitted to the competent court, unless mandatory law designates another competent authority or the parties jointly choose a form of alternative dispute resolution.
4. The United Nations Convention on Contracts for the International Sale of Goods (CISG, also known as the Vienna Sales Convention) does not apply.